Mandatory arbitration is legal in California. As you are updating your handbooks and other policies for 2025, don’t forget to revisit your arbitration agreement. Some key issues to look
Continue Reading Time to Update that California Arbitration Agreement for 2025
The California Supreme Court granted review of Adolph v. Uber Technologies, Inc. (“Adolph”) in July 2022. The case calls into question whether a PAGA representative maintains standing
Continue Reading Mark Your Calendars – PAGA Waivers to be Decided by August 7, 2023I am not usually a policy wonk, and I often think in terms of concepts not cases. However, I must say that listening to the US Supreme Court’s oral argument
Continue Reading Fate of PAGA’s Inclusion In Class Action Waivers in SCOTUS’ Hands
The sharks are starting to circle around PAGA (Private Attorney General Act), a law that many California employers find crazy-making for all the reasons outlined here. PAGA may finally
Continue Reading Will Employers Finally Get Some PAGA Relief in 2022?
When you draft employment arbitration agreements, it’s not enough to know what the law is. You should also know what the law will be at the time that someone challenges
Continue Reading Judicial Hostility to Employment Arbitration Flares up in 9th Circuit
A recently completed five-day arbitration with twenty-one witnesses, reminded me of the upsides of employment arbitrations (especially when I compare my situation to that of my colleagues who are preparing
Continue Reading The Upside of Employment Arbitration
From the employer’s perspective, the only way to truly “win” an employment case is to avoid it in the first place. We litigators love the thrill of gettting a
Continue Reading Ten Commandments for Avoiding Employment Lawsuits in California
Here’s yet another post from Dave Faustman. This time he discusses today’s decision in Iskanian v. CLS Transportation, in which Fox Rothschild LLP represented the employer.
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Today,
Continue Reading California Supreme Court Approves Class Action Waivers in Arbitration Agreements
On April 3, 2014, the California Supreme Court heard oral argument in front of a packed courtroom in Iskanian v. CLS Transportation, a case involving the enforceability of class/representative
Continue Reading The Future of Class Action Waivers in California Employment Cases to be Decided This Summer
This week brought some good news for employers seeking to enforce class and representative action waivers in arbitration agreements in California. In Iskanian v. CLS Transportation [pdf], the
Continue Reading CALIFORNIA COURT OF APPEAL UPHOLDS CLASS ACTION WAIVERS